AWARD N0. 144 Docket No. 144

SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Versus
MISSOURI PACIFIC RAILROAD COMPANY
STATM41M
OF CLAIM: Claim of the Committee that:

1. Claim of Trackman R. C. Lopez,for pay at the Foreman's

rate of pay for all hours worked by Gang 5152 beginn

ing at 6:32 P.M. on August 28, 1978, and continuing until

reinstated to service with seniority and vacation rights,

unimpaired because dismissal was excessive.

FINDINGS : It appears that claimant was not directed to go home but
was given permission to go home. Other misconduct shown
does not justify dismissal of an employee with 31 years of service, so the
penalty imposed must be reduced to a 30 day suspension.

The claimant was reinstated on April 27, 1979, so the claim now is for pay from 30 days after August 28, 1978 until April 27, 1979. Under the Agreement provisions thereon earnings in other employment and unemployment compensation received by him during the same. period of time will be deducted.

AWARD : Claim sustained per findings.

SPEC ·,BOARD OF ADJUSTMENT N0. 279

Dudley E. 'ting - Chai

M. A. Christie L. D: Brown
Employe Member Carrier Member

New Orleans, Louisiana March 20, 1980
File 247-5699